FWC 22.23-119 Final ITB.pdf

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

1875 ORANGE AVENUE E

TALLAHASSEE, FL 32311-6160

(850) 488-6551

INVITATION TO BID

FWC 22/23-119

BUOY SYSTEM SERVICES

ITB BIDDER ACKNOWLEDGEMENT FORM

Purpose: The intent of this bid is to obtain competitive pricing for buoy system inspection and maintenance and other buoy system services, per the specifications contained herein. Only responsive and responsible Contractors will be considered for award of this Invitation to Bid (ITB).

Responsive: To be responsive, a bid must constitute a definite, firm, unqualified and unconditional offer to meet all of the material terms of this ITB. Material terms are those that could affect the price, quantity, quality, or delivery. Also included as material terms are those which are clearly identified in this ITB and which, for reasons of policy, must be complied with at risk of bid rejection for non-responsiveness.

Non-Responsive: Any submission that does not comply with this ITB in any way, does not contain all the properly signed forms, supplements or deviates from the Bid requirements or has an incomplete Price Sheet may be considered nonresponsive at the discretion of the Procurement Manager.

Responsible Companies: The Commission shall only consider responsible companies. Responsible companies are those that have, in the sole judgment of the Commission, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The Commission may also consider references and quality to determine the responsibility of the bid. The Commission reserves the right to use any information, whether supplied through the Bidder’s submission or otherwise obtained, in determining responsibility.

Rejection of Bids: The Commission reserves the right to reject any and all bids and to waive any minor irregularity in the submissions received in response to this ITB. The Commission reserves the right to consider all information, whether submitted or otherwise, to determine responsiveness and responsibility and to reject bids accordingly.

Name of Business: ______________________________________________________________________________________________

Contact Person Name: ___________________________________________________________________________________________

Business Address: _______________________________________________________________________________________________

City: __________________________ State: ____________________________ Zip code: ____________________________________

Phone: __________________________ Fax: _____________________________ Email: ____________________________________

Federal Employer Identification Number: _____________________________ Contractor License #: _______________________________

The undersi gned attest to the fo l l owi ng:

“We understand all of the terms, conditions and the specifications contained herein and agree to abide by all of the terms, conditions and the speci f i cati ons i n the i r enti re ty.

Authorized Signature (Manual): ___________________________________________________________________________________

Authorized Signature Name (Typed) and Title: ______________________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 2 of 50

CALENDAR OF EVENTS

FWC 22/23-119

SCHEDULE DUE DATE METHOD

Bid Advertised June 14, 2023 Posted on the Vendor Information Portal

(VIP)

NON-MANDATORY Pre-Bid

Conference Call

June 22, 2023

@ 11:00 AM ET

See Pre-Bid Conference Call Clause

Deadline for Questions

Must be received

PRIOR to:

June 28, 2023

@ 5:00 PM ET

See Deadline for Questions Clause

Anticipated date for Responses to Written Questions

July 3, 2023 Posted on the Vendor Information Portal

SEALED BIDS DUE

(REMEMBER: The bid number should be clearly marked on envelope)

Must be received

PRIOR to:

July 14, 2023

@ 2:00 PM ET

Mailing Address:

Florida Fish & Wildlife Conservation Commission

Attn: Purchasing 1875 Orange Ave E

Tallahassee, Florida 32311-6160

Submissions are due BEFORE the date and time of the public opening.

Public Bid Opening July 14, 2023

@ 2:00 PM ET

Public Opening Options for Attendance:

-In Person-

1875 Orange Ave E Tallahassee, FL 32311-6160

-Teleconference- Conference call phone number:

1.888.585.9008

Conference room number: 218-721-199

Anticipated Date of Intended Award

July 19, 2023 Posted on the Vendor Information Portal https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 3 of 50

GENERAL CONDITIONS

FWC 22/23-119

The Florida Fish and Wildlife Conservation Commission’s (FWC or Commission) mission is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six (6) major programs including habitat and species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research.

A Bidder submitting a bid shall be registered in the MyFloridaMarketPlace (MFMP) system and where required, the Sunbiz system prior to the bid opening. Business entities which must be on file with Sunbiz include the following foreign and domestic entities: Corporations for and not for profit, Limited Liability

Companies (LLC), Limited Partnerships (LP) including Limited Liability Limited Partnerships (LLLP), and organizations doing business under a fictitious name (DBA). A Bidder may not be considered for an award, if not registered in the MFMP and Sunbiz system. The Bidder’s registration address and federal employer identification (FEID) number should match the Bidder’s address and FEID number listed on the

Bidder Acknowledgment form (page 1) .

Certified Minority-owned, Woman-owned and Service-Disabled Veteran Business Enterprises, as certified by the State of Florida Office of Supplier Diversity, are encouraged by the Commission to participate in the bidding process.

Bids from Bidders shall include all necessary equipment to complete the job. The bidder is required to supply all specified documentation when submitting a bid for this project.

Please note:

• The terms “Contract,” “Agreement” and “Purchase Order” are used interchangeably in the document.

• The terms “Commodities” and “Goods” are used interchangeably in the document.

TERMS AND CONDITIONS

PUR 1000 and PUR1001 are hereby incorporated by reference. PUR1000 and PUR1001 can be found at the

Department of Management Services website at the following link:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purc hasing_pur_forms

The following terms and conditions take precedence over the PUR1001 and PUR1000 forms where applicable. The Commission objects to and shall not consider any additional terms or conditions submitted by a Bidder or Contractor, including any appearing in documents attached as part of a Bidder’s response.

In signing and submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid.

The terms and conditions of Attachment A, Purchase Order Terms and Conditions, are hereby incorporated into this solicitation. Any contract resulting from this solicitation will include the terms and conditions of this solicitation and the terms and conditions contained in Attachment A.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 4 of 50

PROCUREMENT MANAGER

Ruth Heggen

Ruth.Heggen@MyFWC.com

TERM

The contract will be effective for three (3) years from issuance of the Purchase Order.

If circumstances constituting Force Majeure have occurred, or if anything occurs beyond the Contractor’s control, the Contractor shall submit an extension request in writing. The Project Manager and Contract

Manager will review the extension request and if they determine it is justified, will forward to the Bid

Request Inbox (bidrequest@myfwc.com) for procurement review and approval/disapproval.

RENEWAL

The Commission has the option to renew this Contract on a yearly basis for a period of up to three (3) years after the initial Contract period upon the same terms and conditions contained herein. Pursuant to Sections

287.057(1)(a)2., and 287.057(1)(a)3., Florida Statutes (F.S.), each Bidder shall supply a price for each year that a contract may be renewed. Evaluation of bids shall include consideration of the total cost of the contract, including the total cost for each renewal year, as submitted by the Bidder.

Exercise of the renewal option is at the Commission’s sole discretion and shall be conditioned, at a minimum, on the Contractor’s satisfactory performance of this Contract and is subject to the availability of funds. The Contractor if it desires to exercise this renewal option will provide written notice to the

Commission no later than thirty (30) days prior to the Contract expiration date. The renewal term shall require written approval from the Commission’s Procurement Manager.

SUBCONTRACTS

Subcontracting IS NOT permitted pursuant to the Terms and Conditions of the Purchase Order.

DIVERSITY

The Commission is committed to supporting Florida’s diverse business industry and population through ensuring participation by minority, women, and veteran-owned business enterprises in the economic life of the state. The State of Florida Mentor Protégé Program connects minority, women, and veteran-owned business enterprises with private corporations for business development mentoring. We strongly encourage contractors doing business with the State of Florida to consider this initiative. For more information on the

Mentor Protégé Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdinfo@dms.myflorida.com.

FWC encourages diversity in its procurement program and requests that all subcontracting opportunities afforded by this solicitation enthusiastically embrace diversity. The award of subcontracts should reflect the vast array of citizens in the State of Florida. Bidders can visit the Office of Supplier Diversity website for information on certified business enterprises that may be considered for subcontracting opportunities.

NON-MANDATORY PRE-BID CONFERENCE CALL

A non-mandatory pre-bid conference call will be held via teleconference on the date and time specified in the Calendar of Events (Page 2). The purpose of the pre-bid conference call is to discuss the contents of this

ITB and to accept verbal questions from Bidders concerning the project. The Commission will make a reasonable effort to answer verbal questions asked at the pre-bid conference call, however, Bidders should clearly understand that verbal discussions held at the pre-bid conference call shall not be binding on the mailto:bidrequest@myfwc.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program mailto:osdinfo@dms.myflorida.com https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd/mentor_protege_program

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 5 of 50

Commission, and the Commission will only issue an official written response to verbal questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Teleconference Information:

Conference call phone number: 1.888.585.9008

Conference room number: 218-721-199

NON-MANDATORY BIDDER SITE VISIT

A non-mandatory site visit is open to prospective bidders, allowing them to inspect the project site prior to submitting a bid. Bidders shall visit the sites on their own. FWC will only issue an official written response to questions subsequently submitted in writing in accordance with the Deadline for Questions clause below.

Refer to Exhibit A in the Scope of Services (Buoy Map Sheets) for buoy system locations.

VERBAL INSTRUCTION PROCEDURE

Bidders may not consider any verbal instructions as binding upon the Commission. No negotiations, discussions, or actions shall be initiated or executed by the Bidder as a result of any discussion with any

Commission employee. Only those communications from the Commission that are in writing, may be considered as a duly authorized expression on behalf of the Commission.

SOLICITATION QUESTIONS

Any questions from Bidders that require an official FWC answer concerning this project shall be submitted in writing to the Procurement Manager. This includes specification inquiries, such as questions or requests for additional or altered terms and conditions. Questions to the Procurement Manager shall not constitute formal protest of the specifications or of the solicitation. Questions must be received no later than the date and time specified in the Calendar of Events (Page 2). Questions may be sent via email with the solicitation number in the subject line. It is the responsibility of the bidder to confirm receipt of questions if needed.

If questions are received, an addendum will be issued and shall be posted on the Vendor Information Portal

(https://vendor.myfloridamarketplace.com).

LIMITATION ON BIDDER CONTACT DURING SOLICITATION PERIOD

Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the Commission posting the notice of intended award, (i.e., the 72-hour posting period excludes Saturdays, Sundays, and state holidays) any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

BIDDER SPECIFICATION CHALLENGE

Any protest concerning the specifications of this solicitation shall be made in accordance with PUR1001, paragraph 20, “Protests”. A notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Failure to file a protest within the time prescribed in Section

120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 6 of 50

ADDENDUMS

If the Commission finds it necessary to supplement, modify or interpret any portion of the specifications or documents or answer any Bidder questions during the ITB period an addendum shall be posted on the

Vendor Information Portal internet site. Each Bidder is responsible for monitoring the Vendor Information Portal website (https://vendor.myfloridamarketplace.com) for new or changing information relative to this procurement. The Commission bears no responsibility for any delays, or resulting impacts, associated with a

Bidder’s failure to obtain the information made available through the Vendor Information Portal.

BIDDER ACKNOWLEDGMENT

In order for this bid to be valid, the bid must be completed in its entirety, signed by the Bidder and returned, as part of the bid or the bid will be rejected. By affixing your signature to the ITB Bidder Acknowledgement

Form (page 1), the Bidder hereby states that the Bidder has read all bid specifications and conditions and agrees to all terms, conditions, provisions, specifications, and is currently licensed to do business within the

State of Florida, if required by State or Federal Law, for the services or commodities the Bidder will provide the Commission under these bid specifications.

REFERENCES

Each prospective Bidder shall provide a minimum of three (3) references for similar projects completed.

Current contact names and phone numbers shall be included with the bid package. See the attached references form for more detail.

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. If two (2) or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Contractors must complete the Identical Tie Bid / Drug Free Workplace form (Attachment B) provided and return it with their bid.

SUPPORTING/SUPPLEMENTAL INFORMATION

The Commission requires that bidders submit all required technical, specification, and other supporting information with their bid, so that a detailed analysis and determination can be made, by the Contract

Manager that the product/service offered meets this ITB’s specifications and that other requirements of this ITB have been met. However, provided a bid meets the requirements for a definite, firm, unqualified, and unconditional offer, the Commission reserves the right to request supplemental information from the bidder after the bids have been opened to ensure that the products/services offered completely meet this

ITB’s requirements. The requirement for such supplemental information will be at the reasonable discretion of the Commission and may include the requirement that a bidder will provide a sample product(s) so that the Commission can make a first-hand examination and determination.

A bidder's failure to provide this supplemental information or the product sample(s), within the time set by the Commission, will cause the Commission to consider the Contractor non-responsive and reject the

Contractor’s bid.

CONFIDENTIALITY/PUBLIC RECORDS LAW

Bidders are cautioned that Florida law generously defines what constitutes a public record and grants broad rights of public access to those records; see, for example, section 119.07, F.S. If a Bidder believes that its response contains information that is confidential or exempt from disclosure under Florida Law, the Bidder

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 7 of 50 shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds and specific legal citations for claiming exemption from the public records law. If after the notice of intended decision or thirty

(30) days after bid opening, whichever is earlier, the Commission receives a public record request related to the solicitation, the Commission will provide copies of public records that are not exempt to the requester.

The Commission will endeavor to provide notice to the Bidder of all public records requests received related to documents provided by the Bidder that were marked pursuant to this paragraph. In no event shall the Bidder hold the Commission or any of its employees or agents liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation.

MAILING INSTRUCTIONS

All bids shall be submitted in a SEALED ENVELOPE addressed to:

Florida Fish and Wildlife Conservation Commission

Attn: Purchasing 1875 Orange Avenue E

Tallahassee, Florida 32311-6160.

The envelope shall be plainly marked on the outside with: BID NUMBER, DATE AND TIME OF THE BID

OPENING.

THE COMMISSION IS NOT RESPONSIBLE FOR THE OPENING OF ANY ENVELOPES THAT ARE NOT PROPERLY

MARKED .

PLEASE NOTE : The Commission’s official business hours of operation are 8:00 AM–5:00 PM ET, exclusive of Saturdays, Sundays and state holidays. Selecting delivery services, such as next day first delivery, may result in attempted delivery prior to opening or closing, and the Commission will not be available to accept those deliveries. THE COMMISSION IS NOT RESPONSIBLE FOR LATE SUBMISSIONS DUE TO COMPLICATIONS

RELATED TO SELECTED DELIVERY SERVICES .

SOLICITATION PUBLIC OPENING

The public opening of this bid will be conducted at the date, time and method specified on the Calendar of

Events (Page 2). BIDS RECEIVED AFTER THE SPECIFIED DATE AND TIME WILL BE REJECTED.

Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid/proposal documents or the attendance at any related meeting or bid/proposal opening. If accommodations are needed because of a disability, please contact the Purchasing Section at (850) 488-6551 at least three (3) workdays prior to the opening.

AWARDED BID/INSPECTION

The Commission will award the bid to the responsive, responsible bidder who submits the lowest total bid price. If deemed necessary, an interview with the bidder by the Contract Manager may be required before the bid is awarded.

The Commission reserves the right to inspect the prospective Contractor’s materials and background record prior to making an award of the Contract. If the Contract Manager determines the lowest bidder does not have sufficient experience, equipment, etc. to meet the specifications of this ITB, the Commission reserves the right to reject the bidder and evaluate the next lowest bidder.

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POSTING OF BID TABS

Bid Tabulations with Contractors identified as awarded bidders will be posted electronically as Agency Decisions on the Department of Management Services Vendor Information Portal as a Public Notice. The

Agency Decision may be viewed at https://vendor.myfloridamarketplace.com, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3)(b), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S.

Awarded Bidders are instructed not to proceed until a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice is given to the Contractor by the Commission. A company or person who proceeds prior to receiving a Purchase Order, Formal Written Contract, Lease, Notice to Proceed, or some other form of written notice from the Commission does so without a contract and at their own risk.

Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

SCOPE CHANGES AFTER CONTRACT EXECUTION

The Commission shall provide written notice to the successful bidder thirty (30) days in advance of any

Commission required changes to the technical specifications and/or scope of service that affect the successful bidder’s ability to provide the service as specified herein. Any changes that are other than purely administrative changes will require a change order.

FWC CONTRACT MANAGER

The FWC employee identified as the Contract Manager shall perform the following on behalf of the FWC:

• review, verify, and approve receipt of services/deliverables from the Contractor;

• submit requests for change orders/amendments/renewals, if applicable;

• review, verify, and approve invoices from the Contractor; and, if applicable, complete the Certificate of Contract Completion form; and

• maintain an official record of all correspondence between the Commission and the Contractor and forward the original correspondence to the Procurement Manager for the official file.

DELIVERABLES

The following services or service tasks are identified as deliverables for the purposes of the subsequent

Contract:

a. Performance of all services set forth in the Scope of Work.

b. Submission of all invoicing, supporting documentation, Corrective Action Plans and reports.

NOTICE TO PROCEED

The awarded Bidder shall not initiate work under this contract until the required documentation been received by the Commission. The Contractor may begin work once it has received an official written Notice to Proceed (sample provided as Attachment C) from the Contract Manager.

https://vendor.myfloridamarketplace.com/ http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 9 of 50

PERMITTING

Permitting for this project, if needed, is the responsibility of the Contractor. A copy of all permits shall be posted at the work site location at all times during the project. The Contractor is responsible for complying with all permit conditions and the Contractor shall pay any penalties arising from the Contractor’s permit violations.

WARRANTIES/DAMAGED ITEMS/DELIVERY

The Contractor shall assume full responsibility for providing or ensuring warranty coverage and/or warranty service on any and all items including goods, materials, or equipment provided to the Commission.

If Contractor is not the Manufacturer, all Manufacturer warranties must be passed through to the

Commission.

Delivery shall be made no later than the specified Delivery Date. The Contractor shall pay all costs associated with delivery and shall assume full responsibility for all item(s) damaged prior to the F.O.B.

destination delivery and agree to hold harmless the Commission of all responsibility for prosecuting damage claims.

The Contractor shall assume full responsibility for replacement of all defective or damaged goods within thirty (30) days of notice by the Commission of such defect or damage.

GUARANTEE

If products do not comply with the specifications contained herein, the Contractor shall replace the product(s), or the purchase price shall be refunded. The refund or the delivery of the replacement product(s) shall be made within thirty (30) days following the Contract Manager’s notification to the Contractor that the original product(s) was non-compliant. Costs of returning the original product(s) will be the sole responsibility of the Contractor.

AUTHORIZED COMPENSATION

It is understood and agreed that all compensation under this ITB is specifically limited to the Contractor’s bid price accepted by the Commission, and to the specific procedure for payment established in this ITB and the Purchase Order executed pursuant to it. The Commission is not liable for any costs, fees, expenses or any other compensation whatsoever incurred or charged by the Contractor, other than the bid price paid for the work specifically described in the Scope of Work, which work is actually accomplished and invoiced by the Contractor subsequent to the Commission’s notice to proceed (or other notice to begin work). Thus, the Commission is not liable for any costs incurred or charged by the Contractor in anticipation of responding to, or performing work described in, this ITB including, but not limited to, equipment or personnel procured by the Contractor in anticipation of such work. The Commission is not responsible to the Contractor for any loss or damages resulting from circumstances unforeseen at the time of publication of this ITB including, but not limited to, those resulting from a “force majeure”.

ADDITIONAL LEGAL REQUIREMENT

All corporations seeking to do business with the State shall, at the time of submitting a bid, be on file with the Department of State in accordance with provisions of Chapter 607, F.S.; similarly, partnerships seeking to do business with the State shall, at the time of submitting such bid, have complied with the applicable provisions of Chapter 620, F.S. For further information on required filing and forms, please go to the following sites: http://sunbiz.org or http://dos.myflorida.com.

http://www.sunbiz.org/ http://dos.myflorida.com/

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 10 of 50

USE OF CONTRACT BY OTHER STATE AGENCIES AND ELIGIBLE USERS

As provided in Chapter 60A-1.045, Florida Administrative Code (F.A.C.), and Section 287.042(16), F.S., other State of Florida agencies may purchase from the resulting contract of this ITB, provided that the

Department of Management Services has determined the contract’s use is cost effective and in the best interest of the State, and with the Contractor’s consent.

Other State of Florida governmental entities and eligible users may also request of the Contractor to be able to use this contract. If the Contractor agrees to other entities to utilize this ITB contract, such agencies shall coordinate their use of this contract with the Florida Fish and Wildlife Conservation Commission in order to reduce scheduling conflicts.

CONDITIONS AND SPECIFICATIONS

The bidder is required to examine carefully the conditions and specifications of this bid and to be thoroughly informed regarding any and all requirements of the conditions and specifications.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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SCOPE OF WORK

FWC 22/23-119

BUOY SYSTEM SERVICES

PURPOSE

The intent of this bid is to obtain competitive pricing for buoy system inspection and maintenance and other buoy system services, per the specifications contained herein.

1. GENERAL TERMS

1.1. Bids will be accepted from Certified General or Specialty Marine Contractors .

1.1.1. Bids will be accepted from licensed Contractors as listed above if the bid is in the individual's own name or a fictitious name where the individual is doing business as a sole proprietorship.

1.1.2. If the bidder is a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the bidder’s legal name or a fictitious name where the bidder is doing business as a sole proprietorship, the bidder must be an agent of a qualified construction business organization as required by F.S. 489.119(2).

1.1.3. A copy of license certification or registration shall be included in the bid submission.

1.2. Additional Insurance Requirements (Copies of Certificates of Insurance evidencing coverage shall be included in the bid submission):

1.2.1. Longshore

1.2.2. Commercial Diving Insurance

1.3. The Awarded Bidder’s (Contractor’s) general work hours should be limited to the following, unless approved by the Commission: Sunrise to Sunset, Monday – Sunday.

1.4. Personal Flotation Devices (PFDs) shall be required to be worn during all work on water.

1.5. The Contractor shall be responsible for repairing any damages caused by the negligence of the

Contractor or his agents.

1.6. Services shall not, under any circumstances, commence prior to the issuance of the Purchase Order and written approval from the Commission.

2. DEFINITION OF TERMS

2.1. Buoy System: buoy, associated hardware, buoy mooring (down line) system, and helical anchor system.

2.2. Buoy System Inspection: Includes a thorough check of all buoy system components. Inspection also includes assessing the buoy, hardware, buoy connections, buoy reflectivity, buoy mooring (down line) and helical anchor systems for wear and structural integrity.

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 12 of 50

2.3. Buoy System Maintenance: Includes retrieving of stray buoys; repair of a buoy, buoy mooring (down line) system and/or helical anchor system; replacement of associated hardware; cleaning of buoys with the use of a pressure washer and/or aquatic-safe biocides to remove fouling organisms, marine residue, mold, mud, or other matter from buoys and buoy mooring (down line) systems; installation of a buoy wrap, tape, stickers and other equivalent items to rehabilitate an aged or fading buoy. In addition, for Rivera Beach, buoy system maintenance includes removal, reattachment, and storage of buoy, associated hardware, and buoy mooring (down line) system at the scheduled time.

3. FINANCIAL CONSEQUENCES

3.1. If Contractor fails to complete the buoy system services within the specified time frame, the budget amount allocated for that service will be reduced by ten percent (10%) from the Contractor's payment.

4. PROJECT AREA

The project areas are divided into three regions: St. Johns River, South Atlantic, and Rivera Beach with 87 buoys to date (Exhibit A, Buoy Map Sheets).

4.1. The St. Johns River project areas are located at Silver Glen Springs in Lake and Marion Counties and Lakes Dexter, Woodruff, and Beresford in Volusia County. Silver Glen Springs: the FWC has installed thirty-three (33) channel marker buoys to provide safe navigation for boaters recreating at the springs. Lakes Dexter, Woodruff and Beresford: the FWC has installed twenty-two (22) buoys to mark manatee protection zones. The buoys in each lake mark the boundary of the year-round slow speed minimum wake zones.

4.2. The South Atlantic project areas are located at Virginia Key within Biscayne Bay, Miami-Dade

County, and Pine Channel, Big Pine Key, Monroe County. In Miami-Dade County and Monroe

County, the FWC has a manatee protection zone and a boating safety zone marked with nineteen

(19) buoys of various types and sizes. The manatee protection zone at Virginia Key is a year-round no entry zone, which excludes all vessels and persons from entering the zone. In Monroe County, the FWC has a boating safety zone which prohibits the anchoring of masted vessels within Pine

Channel, south of US Highway.

4.3. The Riviera Beach project area is in Palm Beach County south of Peanut Island adjacent to the

Riviera Beach Power Plant. The FWC has thirteen (13) buoy locations marking the seasonal

“Motorboats Prohibited” manatee protection zone within Lake Worth, that surrounds the Rivera

Beach Clean Energy Center (Riviera Beach Power Plant) discharge canal. This zone is in place and effective between November 15 to March 31.

5. INSPECTION AND MAINTENANCE SCHEDULE

5.1. The buoy system inspection and maintenance occurs once in the fall and once in the spring per term year. The Commission reserves the right to adjust the time frame.

5.1.1. St. Johns River: once in the Spring between March and May, and once in the Fall between

September and November.

5.1.2. South Atlantic: once in the Spring between March and May, and once in the Fall between

September and November.

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5.1.3. Riviera Beach: Buoys will need to be installed on November 15 to mark the “Motorboats

Prohibited” zone and removed on March 31 for storage. The storage area will need to be approved by the FWC project manager. The Contractor is responsible for the security and safety of materials and equipment on site.

5.2. Unless waived by the Commission, the Contractor shall replace all the Riviera Beach buoys with new buoys during the Fall buoy system inspection and maintenance of the first term year.

6. BUOY SYSTEM INSPECTION AND MAINTENCE

6.1. The Contractor shall follow the details in the Buoy Map Sheets (Exhibit A), Buoy Inspection Reports

(Exhibit B), Standard Drawings (Exhibit C), and Standard Technical Specifications (Exhibit D) for any buoy services.

6.2. Where compliance with two or more standards is specified, noted, or drawn for the same item or items, and they establish different or conflicting requirements for minimum quantities or quality levels, the most stringent item or items may be required without additional cost to the Commission.

All such conflicts are to be referred to the Commission for a final determination as what will be required before proceeding with the work in question. The Contractor shall use the most up to date version of the Standard Technical Specifications, Standard Drawings, Buoy Map Sheets, and Buoy

Inspection Reports.

6.3. The Contractor shall host an annual in-person meeting with the Commission prior to starting any work. The Commission may waive this requirement or approve for this meeting to be virtual.

6.4. The Contractor shall carry an inventory of buoy system components during buoy system maintenance and inspection. The number and types of components will be approved by FWC prior to each maintenance and inspection. The Contractor must return any components that were reimbursed or previously owned by the Commission.

6.5. The Contractor shall provide all materials, labor, equipment, and insurance to complete buoy activities. Buoys are inspected and maintained using the existing helical anchoring and buoy mooring (down-line) systems unless they are in need of replacement. Any hardware deemed un-usable must be replaced by the Contractor.

6.6. Excluding hardware, certain buoy system components will be cost reimbursable. A copy of the invoices for such components must be included with the invoice submitted to the Commission.

Examples of buoy system components are helical disc anchor system, buoy mooring (down line) system, 9” Diameter Standard White Can Buoy (Internal Ballast), 14” Diameter (Large) White Float

Collar Can Buoy (Internal Ballast), 13” Diameter Green Can Buoy (Internal Ballast), 13” Diameter

Red Nun Buoy (Internal Ballast). Shipping costs for these components are also cost reimbursable, and a copy of the shipping invoices must be included with the invoice.

6.7. The Contractor shall complete a First Buoy Install/Replacement Observation with the Commission before any buoy system’s installation or replacement. The Commission may grant a time extension or waive this requirement.

6.8. All removed components of the buoy system shall be disposed of properly, and lawfully, in a landfill or other waste disposal site or recycling center. Contractor shall not sell, trade, or give away these

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 14 of 50 components, or commit them to any use, or dispose of them in any manner other than properly and lawfully in a landfill or other waste disposal site or recycling center.

6.9. Buoy Records: The Contractor will prepare and submit Buoy Records (Exhibit E – Blank Sample of

Buoy Inspection Report) to the Commission. The information collected for each buoy system inspected includes, at a minimum, the following: inspection date, type of helical anchor and buoy mooring (down line) systems, water depth, surface substrate, note any problems encountered and any other details relative to the buoy system, and at least one clear photo of each buoy during the inspection. The Contractor will also prepare and submit a Buoy Recommendation Report for buoy replacement.

6.10. Buoy Recommendation Report: detailing any buoy system component that needs replacement or relocation and including any on- and off-water hours.

6.11. The Buoy Records and Buoy Recommendation Report shall be submitted to the FWC within fourteen

(14) days after completing the maintenance and inspection.

6.12. Based upon the Buoy Recommendation Report and approval from the Commission, the Contractor will order the appropriate amount and type of buoys necessary for the replacement of missing or discrepant buoys.

7. OTHER BOUY SYSTEM SERVICES

7.1. On – Water Work: Any buoy work performed aboard a vessel while on the water that is not included in the flat rate. Examples include relocation of a buoy system, and replacement of any buoy system parts that are damaged or lost with the exception to associated hardware that would be considered as part of the buoy system maintenance.

7.2. Off – Water Work: Any additional buoy work performed on land that is needed for the project and is not included in the flat rates.

8. TECHNICAL SPECIFICATIONS AND EXHIBITS

8.1. To access the technical specifications and exhibits:

8.1.1. Visit:

https://bidrequestfilessa.blob.core.windows.net/bidrequestcontainer/FWC22.23.119.Buoy.Syste m.Services.zip

8.1.2. Download all files contained in the folder.

a. Exhibit A – Buoy Map Sheets

b. Exhibit B – Buoy Inspection Reports

c. Exhibit C – Standard Drawings

d. Exhibit D – Standard Technical Specifications

e. Exhibit E – Blank Sample of Buoy Inspection Report

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 15 of 50

PRICE SHEET

FWC 22/23-119

CONTRACTOR SHALL NOT ALTER THE PRICE SHEET IN ANY WAY.

Price quoted shall not contain any Federal or State sales or use taxes. The bidder recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay taxes on services, goods and/or equipment purchased incident to such service. Quoted price shall include all necessary items to complete the project.

ALL ITEMS SHALL BE BID OR THE BID WILL BE REJECTED. THE BID WILL BE AWARDED TO THE RESPONSIVE, RESPONSIBLE BIDDER THAT SUBMITS THE LOWEST TOTAL BID PRICE. PURSUANT TO SECTIONS 287.057(1)(a)1. AND 287.057(1)(a)2., F.S., EACH

CONTRACTOR SHALL SUPPLY A PRICE FOR EACH YEAR THAT A CONTRACT MAY BE RENEWED (SEE RENEWAL CLAUSE).

Item Item Description Initial 3 Year Term

Price Per Unit

Renewal Year 1

Price Per Unit

Renewal Year 2

Price Per Unit

Renewal Year 3

Price Per Unit

Total Amount (Includes Initial 3-year term plus all renewal years)

1 Flat Rate for St. Johns River (Fall): all necessary work to complete buoy system inspection, buoy system maintenance, buoy records and buoy recommendation report.

(Occurs one-time per te rm year and must be comple ted be tween

September-November)

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 16 of 50

Price Per Unit

Renewal Year 1

Price Per Unit

Renewal Year 2

Price Per Unit

Renewal Year 3

Price Per Unit

Total Amount (Includes Initial 3-year term plus all renewal years)

2 Flat Rate for St. Johns River

(Spring): all necessary work to complete buoy system inspection, buoy system maintenance, buoy records and buoy recommendation report.

(Occurs one-time per te rm year and must be completed between March -

May)

3 Flat Rate for South Atlantic (Fall): all necessary work to complete buoy system inspection, buoy system maintenance, buoy records and buoy recommendation report.

(Occurs one-time per te rm year and must be comple ted be tween

September-November)

4 Flat Rate for South Atlantic

(Spring): all necessary work to complete buoy system inspection, buoy system maintenance, buoy records and buoy recommendation report.

(Occurs one-time per te rm year and must be completed between March -

May)

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 17 of 50

Price Per Unit

Renewal Year 1

Price Per Unit

Renewal Year 2

Price Per Unit

Renewal Year 3

Price Per Unit

Total Amount (Includes Initial 3-year term plus all renewal years)

5 Flat Rate for Riviera Beach

(Fall): all necessary work to complete buoy system inspection, buoy system maintenance, buoy records and buoy recommendation report.

(Occurs one-time per te rm year and must be completed on November 15)

6 Flat Rate for Riviera Beach

(Spring): all necessary work to complete buoy system inspection, buoy system maintenance, buoy records and buoy recommendation report.

(Occurs one-time per te rm year and must be comple ted on March 31)

8 On – Water Work Hourly Rate:

Price per hour includes equipment, labor, and mobilization costs.

$__________/ Hour $________/ Hour $________/ Hour $________/ Hour $_________________

9 Off – Water Work Hourly Rate:

Price per hour includes equipment, labor, and mobilization costs.

$__________/ Hour $________/ Hour $________/ Hour $________/ Hour $_________________

TOTAL BID PRICE (Total of Items 1 – 9 above) $_____________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 18 of 50

BY SIGNING BELOW, I ATTEST THAT I HAVE READ THE ENTIRE BID AND AGREE TO FURNISH THE SERVICE AT THE PRICE QUOTED ABOVE. I HEREBY AFFIRM I HAVE NOT BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS IN RESTRAINT

OF FREEDOM OF COMPETITION.

Contractor: __________________________________________________________________________________________________________________

Signed: _____________________________________________________________________________________________________________________

Print Name: ________________________________________________________________________________________________________________

Title: _______________________________________________________________________________________________________________________

Address: ____________________________________________________________________________________________________________________

City/State/Zip: ______________________________________________________________________________________________________________

Telephone: __________________________________________________________________________________________________________________

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 19 of 50

REFERENCES

FWC 22/23-119

A minimum of three (3) references from persons or firms for whom the bidder has performed similar jobs as per the specifications in this bid must be supplied with the bid. The firms and/or contact persons should be available between the hours of 8:00 AM and 5:00 PM, Eastern Time, Monday through Friday. If any reference is not available as stated above, this may be cause for rejection of the Bidder’s bid. Provide a description (scope of work) of each job.

NAME OF COMPANY: _________________________________________________________________________

CONTACT PERSON: ___________________________________________________________________________

ADDRESS: ____________________________________________________________________________________

CITY/STATE/ZIP: ______________________________________________________________________________

TELEPHONE NUMBER: _______________________ EMAIL ADDRESS: ____________________________

JOB DATE: ____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): _____________________________________________________________

CONTACT PERSON: ___________________________________________________________________________

ADDRESS: ____________________________________________________________________________________

CITY/STATE/ZIP: ______________________________________________________________________________

TELEPHONE NUMBER: _______________________ EMAIL ADDRESS: ____________________________

JOB DATE: ____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): _____________________________________________________________

Ch. 287 Invitation to Bid – Revised 3.22.2023 FWC 22/23-119, Page 20 of 50

CONTACT PERSON: ___________________________________________________________________________

ADDRESS: ____________________________________________________________________________________

CITY/STATE/ZIP: ______________________________________________________________________________

TELEPHONE NUMBER: _______________________ EMAIL ADDRESS: ____________________________

JOB DATE: ____________________________________________________________________________________

DESCRIPTION (SCOPE OF WORK): _____________________________________________________________

CONTRACTOR NAME

AUTHORIZED SIGNATURE

ATTACHMENT A

FWC 22/23-119

Standard Purchase Order Terms & Conditions Florida Fish & Wildlife Conservation Commission

May 9, 2023

Section 1. Purchase Order A. Composition and Priority

The Contractor agrees to provide commodities or contractual services to the Commission within the manner and at the location specified in the Purchase Order, and any attachments to the Purchase

Order. These Purchase Order Terms and Conditions, whether generic or specific, shall take precedence over any inconsistent or conflicting provision in the State of Florida, General Contract Conditions, PUR

1000. Additionally, the terms of the Purchase Order supersede the terms of any and all prior agreements with respect to this purchase.

B. Initial Term

Unless otherwise specified, the Purchase Order begins on the date of issuance. Contractual services or commodities to be provided by the Contractor shall be completed by the date specified on the Purchase

Order end date.

Section 2. Performance A. Performance Standards

The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of

Work and attachments to the Purchase Order. The Commission shall be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

Coordination shall be maintained by the Contractor with representatives of the Commission, or of other agencies involved in the project on behalf of the Commission.

B. Performance Deficiency

If the Commission determines that the performance of the Contractor is unsatisfactory, the Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a timeframe specified by the Commission. The Contractor shall provide the Commission with a corrective action plan describing how the Contractor will address all issues of Purchase Order non ‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or Purchase Order non‐compliance. If the corrective action plan is unacceptable to the

Commission, the Contractor will be assessed a non‐performance retainage equivalent to ten (10) percent of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the

Commission for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

C. Contractor Responsibilities

The Contractor agrees that all Contractor employees, subcontractors, or agents performing work under the Purchase Order shall be properly trained technicians who meet or exceed any specified training

LAST REVISED: 5.9.2023 PAGE 22 OF 50

qualifications. Upon request, the Contractor shall furnish a copy of technical certification or other proof of qualification.